A “normative and obscene leapfrog” has emerged on the tourism market
Rostourism and Rospotrebnadzor They assess the situation in Turkey differently and give different recommendations to tourists whose vacation will not take place due to the restriction of air traffic from April 15 to June 1. Georgy Mokhov, head of the Persona Grata legal agency, drew attention to this in his publication on Facebook. How to interpret discrepancies and should tour operators return money? We publish the post with the permission of the author.
So, what do we have in Turkey.
Official reports of the two federal authorities with different interpretations of the circumstances.
Temporary restriction of air traffic with the Republic of Turkey and the United Republic of Tanzania ”
On the threat to the safety of life and health of consumers of tourist services leaving the territory or located on the territory of the Republic of Turkey ”
Both messages can be interpreted in different ways – the heading of the letter from Rospotrebnadzor seems to leave no doubt about the confirmation of the fact of the threat to the safety of tourists, and in this case, Art. 14 of the sectoral law rises to full growth, and therefore, there is the right to demand termination of the contract in court and the return of the money paid in full.
The text of the explanation of the Federal Tourism Agency does not contain any mention of a security threat and simply indicates the termination of air traffic with the conclusion about the usual procedure for terminating the contract due to a significant change in circumstances, with reference to Art. 10 132-FZ and part 3 of Art. 781 of the Civil Code of the Russian Federation on reimbursement of the actual expenses of the contractor, although in this case it is more appropriate to recall part 3 of Art. 451 of the Civil Code on the consequences of termination of the contract due to significantly changed circumstances.
At the same time, in the absence of a message about a threat to the safety of tourists, an inexplicable recommendation to tour operators to suspend the sale of tourist products that provides for trips to the Republic of Turkey and the United Republic of Tanzania in the period until 01.06.2021 hangs in the air.
And the position of tour operators is based on the principles laid down in Decree No. 1073 on the transfer of a tourist product, that is, the service is postponed for an indefinite period, and if not, then the refund is not earlier than December 31, 21.
Here is such a regulatory obscene leapfrog.